High court Judge Justice Wilson Kwesiga has upheld the application by defense seeking to block a confession by businessman Ivan Kamyuka.
Defense maintains that Kamyuka recorded the statement at Jinja road Police station “not in his normal state of mind”.
In his ruling the judge pointed out that the accused has a right to retract his statement when presented to court.
Justice Kwesiga further added that it’s the duty of prosecution to prove beyond reasonable doubt that there was no inducement, force, violence or promises that were made to the accused.
“There is no doubt that hardships like lack of sleep, being in detention, having his wife in detention without medical attention , lack of sleep and being under the influence of alcohol could have led to the accused to record this confessional statement,” Justice Kwesiga said.
In the said statement, Kamyuka admitted to have killed Johnny Ahimbisibwe at club Guvnor in Kampala.
Prosecution on the other hand wanted to tender in the statement as an exhibit.
However, Kamyuka earlier informed court that he recorded the statement after being promised by an officer that he would release his friend Daniel Busoboz and take his wife Nina Nyarwaha to hospital.
The officer is also alleged to have promised to stop any further arrests of Kamyuka’s visitors or relatives.
It is alleged that Ivan Kamyuka, 33, killed Johnny Ahimbisibwe on August 2, 2015 at Club Guvnor after a bar brawl.